Trademark Registration in Republic of Ghana

PRIMARY REQUIREMENTS:

1. Any individual or legal entity claiming to be the proprietor of a mark being used or proposed to be used may apply for trademark registration in Ghana. There are no special provisions for foreigners.
2. Any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings including words such as personal names, letters, numerals and figurative element. Both collective and service marks are registrable in Ghana.
3. Agents need a signed power of attorney from the owner of the trademark or Principal. No notarization or legalization is required.
4. Electronic filing is not available for trademarks applications in Ghana.
5. The trademark registration formally comes into effect when the Trademark Registrar registers the trademark, publish a reference to the registration and issue the applicant with a certificate of registration. However, the applicant’s trademark is protected from the date of filing of the application. Registration of a trademark covers only Ghana.
6. It takes about two years for trademarks to be registered in Ghana.
7. The search is conducted by sending a letter to the Registrar of trademarks requesting for the Registrar to conduct a search on the trademark in the proposed class of goods and services. The fee for trademark searches in Ghana is US$110.00 (8,000.53 Indian Rupee).
8. The term of protection for a trademark in Ghana is ten years. The registration of a trade mark may be renewed for consecutive periods of ten years upon payment of the fee prescribed for renewal. A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.

REGISTRATION PROCEDURE:

1. Conduct a Search - The search is conducted by sending a letter to the Registrar of trademarks requesting for the Registrar to conduct a search on the trademark in the proposed class of goods and services.
2. Filing of the Trademark application 
3. Advertisement of Application – The marked applied will be advertised in the Gazette and open for objection.
4. Objection: Any objections to the trademark are communicated by official letters. Oppositions against a trademark application may be filed by any interested party within two months from the date of advertisement of the application or within such extended period as shall be granted by the Registrar on request.
5. Issuance of certificate: The trademark registration formally comes into effect when the Trademark Registrar registers the trade mark, publish a reference to the registration and issue the applicant with a certificate of registration. However, the applicant’s trademark is protected from the date of filing of the application. Registration of a trademark covers only Ghana.
6. Trademarks renewable: The registration of a trade mark may be renewed for consecutive periods of ten years upon payment of the fee prescribed for renewal. A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.
7. Trademark Infringement: The registered owner may institute court action against any person who infringes a registered trademark by using it without permission. The rights extend to use of a sign similar to the registered mark and use in relation to similar goods or services where confusion may arise in the public. Both civil and criminal penalties are available to the registered owner.

ASSIGNING AND LICENSING A REGISTERED TRADEMARK

1. Assignment of a trademark or of an application for registration of a trademark must be filed with the Registrar for recordable in order to affect a third party.
2. License concerning the registration of a trademark or an application for registration must be submitted to the Registrar who shall record the license and publish a reference to it. License contracts shall not be valid against third parties until filed with the Registrar.

PRIORITY RIGHTS

Priority may be claimed as in the Paris Convention for the Protection of Industrial Property, Stockholm Act of July 14, 1967.

APPLICATION FEES

The official filing fee for trademarks per mark per class in Ghana is US $510.00 (37,118.56 Indian Rupee). The breakdown is as follows:

1. Search (trademark availability search) – US $110.00 (8,005.97 Indian Rupee).
2. Application – US $200.00 (14,556.30 Indian Rupee) 
3. Issuance of certificate – US $200.00 (14,556.30 Indian Rupee)